Common use of Offering Amendment Clause in Contracts

Offering Amendment. If Tenant exercises its Right of First Offer, Landlord shall prepare an amendment (an “Offering Amendment”) adding the Offering Space to the Premises on the terms set forth in the Advice and reflecting the changes in the Base Rent, Rentable Square Footage of the Premises, Tenant’s Proportionate Share of Taxes and Tenant’s Proportionate Share of Expenses and other appropriate terms. A copy of the Offering Amendment shall be sent to Tenant and, subject to Landlord and Tenant agreeing upon any reasonable changes requested by Tenant, Tenant shall execute and return the Offering Amendment to Landlord within thirty (30) days thereafter, but an otherwise valid exercise of a Right of First Offer shall be fully effective, whether or not an Offering Amendment is executed.

Appears in 4 contracts

Samples: Office Lease (Wayfair Inc.), Office Lease (Wayfair Inc.), Office Lease (Wayfair LLC)

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Offering Amendment. If Tenant exercises its Right of First OfferOffer or Expansion Option, Landlord shall prepare an amendment (an the “Offering Amendment”) adding the Expansion Space or Offering Space Space, as applicable, to the Premises on the terms set forth in the Advice and reflecting the changes in the Base Rent, Rentable Square Footage rentable square footage of the Premises, Tenant’s Proportionate Share of Taxes and Tenant’s Proportionate Share of Expenses and other appropriate terms. A copy of the Offering Amendment shall be sent to Tenant and, subject to Landlord and Tenant agreeing upon any within a reasonable changes requested time after Landlord’s receipt of the Notice of Exercise executed by Tenant, and Tenant shall execute and return the Offering Amendment to Landlord within thirty (30) days a reasonable time thereafter, but an otherwise valid exercise of a the Right of First Offer or Expansion Option shall be fully effective, effective whether or not an the Offering Amendment is executed.

Appears in 1 contract

Samples: Lease Agreement (Tercica Inc)

Offering Amendment. If Tenant exercises its Right of First Offer, Landlord shall prepare an amendment (an the “Offering Amendment”) adding the Offering Space to the Premises on the terms set forth in the Advice and reflecting the changes in the Base Rent, Rentable Square Footage of the Premises, Tenant’s Proportionate Pro Rata Share of Taxes and Tenant’s Proportionate Share of Expenses and other appropriate terms. A copy of the Offering Amendment shall be sent to Tenant and, subject to Landlord and Tenant agreeing upon any within a reasonable changes requested time after Landlord’s receipt of the Notice of Exercise executed by Tenant, and Tenant shall execute and return the Offering Amendment to Landlord within thirty a reasonable time (30but in any event within 30 days) days thereafter, but an otherwise valid exercise of a the Right of First Offer shall be fully effective, effective whether or not an the Offering Amendment is executed.

Appears in 1 contract

Samples: Office Lease Agreement (Drugstore Com Inc)

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Offering Amendment. If Tenant exercises its Right of First Offer, Landlord shall prepare an amendment (an the “Offering Amendment”) adding the applicable Offering Space to the Premises on the terms set forth in the Advice and reflecting the changes in the Base Rent, Security Deposit, Rentable Square Footage of the Premises, Tenant’s Proportionate Pro Rata Share of Taxes and Tenant’s Proportionate and/or Percentage Share of Expenses and other appropriate terms. A copy of the Offering Amendment shall be sent to Tenant and, subject to Landlord and Tenant agreeing upon any within a reasonable changes requested time after Landlord’s receipt of the Notice of Exercise executed by Tenant, and Tenant shall execute and return the Offering Amendment to Landlord within thirty (30) 30 days thereafter, but an otherwise valid exercise of a the Right of First Offer shall be fully effective, effective whether or not an the Offering Amendment is executed.

Appears in 1 contract

Samples: Fourth Amendment (Affymax Inc)

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